FOR IMMEDIATE RELEASE

Contact Laura Kiritsy or Carisa Cunningham (617) 426-1350

March 8, 2011

GLAD Ready to Face House Counsel in Two DOMA Cases

With leadership in the U.S. House last week signaling their strong support for defending DOMA, which is currently being challenged in two lawsuits by Gay & Lesbian Advocates & Defenders (GLAD), GLAD is fully prepared to continue making the case that legally married same-sex couples should be treated as such by the federal government.

“It is now perfectly clear that U.S. House leaders plan to intervene in the pending cases,” said Mary L. Bonauto, co-lead attorney in GLAD’s two cases Gill et al. v. Office of Personnel Management, and Pedersen et al. v. Office of Personnel Management. “We are ready to address any defense of DOMA’s double standard for how the federal government deals with legally married couples,” she added.

In the two cases, GLAD represents couples and widowers who have been denied legal protections normally available to married persons. Widowers have been unable to collect survivor pensions, spouses have been unable to provide each other health insurance; federal employees have been unable to take leave to care for their ill spouses; and couples have paid thousands of dollars extra each year because they can’t file their federal taxes as married.

There are also three other pending lawsuits challenging DOMA’s constitutionality.

On March 4, House Speaker John Boehner announced that he would convene the Bipartisan Legal Advisory Group “for the purpose of initiating action by the House” to defend DOMA against the litigation. Speaker Boehner is a member of the group, along with House Majority Leader Eric Cantor and Majority Whip Kevin McCarthy. Cantor and McCarthy have also issued statements recently supporting the continued defense of DOMA by Congress. The group, which has the power to direct House General Counsel to defend DOMA or appoint special counsel to do so, is supposed to meet this week. Boehner’s announcement follows the Obama Administration’s decision to stop defending the law because the president believes it to be unconstitutional.

“DOMA damages families,” added Bonauto. Even though these couples are married, pay their taxes, and play by the rules, DOMA has separated spouses, taken money from children’s college funds, and denied widows assistance at the worst time of people’s lives.”

GLAD won a victory in Gill in July 2010 when Federal District Court Judge Joseph L. Tauro ruled that DOMA is unconstitutional. Pedersen was filed by GLAD in November 2011; briefing is underway.